Living and working in the UAE (United Arab Emirates) is like living a dream or enjoying an adventure. However, oftentimes, unfamiliar territories can bring unforeseen situations and complications, like absconding. This particular term tends to create confusion and disruptions for both employers and employees. Absconding in UAE is a grave issue that can result in big troubles like legal action, fines, and deportation for employees, and disruptions in business operations and financial losses for employers.
Therefore, it is essential to take this matter seriously, understand its implications, and adhere to the appropriate procedures in order to avoid any negative outcomes.
Absconding in UAE
Absconding refers to the state where an employee withdraws from work or disappears from the company without informing their employer. In simple terms, if the employee stays off work for more than seven days without any explanation or prior notice to the employer, it would be considered an absconding case in Dubai, according to Article 28(1) of Cabinet Resolution No.1 of 2022.
Here are some common circumstances that would be labeled absconding in UAE:-
- Leaving a job without prior notice – When an employee quits their job without giving prior notice as specified in their employment contract.
- Overstaying a visa – When the visa of the employee expires and they still stay in the country without renewing it.
- Working for another company/employer – When an employee starts working for another company without proper cancellation of their existing work permit and employment contract.
- Fleeing sponsorship – When an employee, sponsored by another entity, disappears without informing them.
Absconding in UAE for Tourists or Visitors
When tourists overstay their visas and fail to depart the UAE within the permitted timeframe, it would be considered an Absconding case in Dubai, potentially leading to legal complications. Additionally, visitors who possess a UAE residence visa can also be reported as absconding if they violate their visa conditions. For example, failing to exit the country or renew the visa after its expiry.
The common absconding scenarios for visitors in the UAE are:-
- Overstaying the visa – When the visit visa expires and the visitor doesn’t leave the UAE within the grace period
- Not exiting the country after visa cancellation – When the residence visa gets canceled or becomes invalid and the visa holder fails to depart within the specified time.
Unlike employee absconding, there is no requirement for disappearing for a specific period. An unauthorized overstay can lead to Absconding in UAE. Hence, it is crucial for the individuals to resolve the situation before departure in order to avoid long-term complications.
Legal framework governing the Absconding laws in the UAE
Two main sources lay down the legal framework for absconding in the UAE – Federal Law No. 8 of 1980 (UAE Labour Law) and Ministerial Resolution No. (721) of 2006.
Federal Law No. 8 of 1980 lays the groundwork for employer-employee relations in the UAE. It basically outlines the duties and responsibilities of the employee and the potential consequences for violating the rules or breaching the contract.
On the other hand, Ministerial Resolution No. (721) of 2006 specifies details regarding absconding in the context of employment. It outlines the procedures that need to be followed by the employer in order to report an absconding employee to the Ministry of Human Resources and Emiratisation (MOHRE).
The regulations governing visa overstays for visitors on visit visas and other residence visas are separate and are usually governed by the General Directorate of Residency and Foreigners Affairs (GDRFA).
Common reason for absconding in UAE
The reasons why employees or visitors abscond in the UAE are many. For instance,
- Unfair treatment, low wages, unsafe work environments, or excessive workload
- Disagreements between employers and employees regarding wages, benefits, or contractual commitments
- Accidental overstay due to missing deadlines for visa renewal
- Termination of employment before the expiry of the visa
- Running out of money before the expiry of the visa
Legal Consequences for Absconding in UAE
The significant consequences for employees, employers, and visitors for absconding in the UAE are described below:-
For employees –
- Deportation
- Travel Ban
- Blacklisting
- Financial Penalties
- Difficulty Finding Future Employment
For employers –
- Administrative Hassle
- Potential Legal Issues
- Damaged Reputation
For visitors –
- Fines
- Deportation
- Travel Ban
- Difficulties Renewing Residence Visa
- Blacklisting
Process for reporting an absconding case in Dubai
The general process of reporting absconding cases is straightforward. However, it may slightly differ in the case of an employee or a visitor.
Gather evidence
In order to support the absconding claim, the employer must gather the following documents:-
- Employment contract
- Documents acknowledging the work schedule
- Records of communication made with the employee (emails, phone logs, etc.)
- Proof of employee’s presence in the UAE (For example, Emirates ID details)
Timescale
The timescale for reporting the absconding case to MoHRE is within three months from the last day the employee worked.
Report to MoHRE
The employer can report to MoHRE either electronically through their official website or through an app using their e-signature card. They also need to provide documents like the trade license, work permit number, and employee details.
Processing
The processing time for the entire procedure is typically 1-2 days, during which the MoHRE will review the case and may also contact the employer for further evidence.
Probable outcomes
If MoHRE validates the employer’s claim, it would either cancel the work permit of the absconding employee or impose a travel ban on them in the UAE. On the contrary, if the employee provides valid evidence or reason for absconding, the ministry may dismiss the case reported by the employer.
On the other hand, for visitors absconding, the sponsor needs to report the case to the General Directorate of Residency and Foreigners Affairs (GDRFA) at the earliest to avoid any complications.
Tips to avoid absconding cases in the UAE
Want to avoid absconding situations in the UAE? Here’s how you can do it –
- Make sure to read and understand the employment contract meticulously before signing.
- Maintain open and honest communication with the employer and address issues like unfair treatment, delayed wages, or unsafe work conditions. You can also seek help from MOHRE.
- Follow proper procedures while resigning from the job, as mentioned in the employment contract.
- Make sure to settle all outstanding dues and collect a clearance certificate from the employer before exiting the country.
- Visitors must ensure to plan their trip carefully and secure a proper visa that covers their entire stay.
- To extend their stay in the UAE, the visa holders must apply for a visa extension well before the expiry of their current visa.
- Ensure clear communication with your sponsor and update about any changes in your travel plan to avoid misunderstandings.
- Acquaint yourself with the immigration regulations of the UAE. It will help avoid any unintended violations.
Seek expert help from Shuraa Business Setup
Hence, it is crucial to understand the legalities surrounding absconding in UAE, not just for employers, but employees and visitors. Since absconding can lead to serious troubles like bans, fines, and even arrests, individuals must familiarize themselves with their rights and responsibilities and employers must follow the right procedure to report such cases.
Nevertheless, if you are unsure about your rights or dealing with such situations, it is advisable to talk to visa and immigration experts of Shuraa who specialize in UAE labor and immigration laws. They will provide you with the help you need and also handle all the legalities, visas, and paperwork related to your immigration to Dubai or UAE.
